New Delhi: SC grants stay on NBW issued against cleric Tauqeer
New Delhi : IN a relief to prominent Muslim cleric, Maulana Tauqeer Raza Khan, the Supreme Court has granted an interim stay on the execution of the non-bailable warrant issued against him in the 2010 Bareilly communal riots case. On March 2, 2010, riots had broken out in the Uttar Pradesh town over a religious procession route. Many were injured and shops and vehicles burned and attacked. “Issue notice limited to the impugned order having been passed without assigning any reason.
In the meanwhile, there shall be stay of operation of the impugned order,” a bench of Justices MM Sundresh and SVN Bhatti ordered after taking note of the submissions made by lawyer Asad Alvi, appearing for the cleric.
The top court was hearing an appeal filed by the cleric against the March 19 order of the Allahabad High Court. The high court had refused to grant any “indulgence” for the time being to Tauqeer Raza Khan over the warrant. “So far as a non-bailable warrant against the revisionist (the cleric) is concerned, I am not inclined to grant any indulgence to the revisionist at this stage.
“However, keeping in view the ensuing Holi vacations, the revisionist is directed to appear before the learned trial court on or before March 27, 2024 and apply for bail and his bail application shall be disposed of strictly in accordance with law. It need not be impressed that a non-bailable warrant shall not be executed against him by March 27, 2024 only with a view to give him an opportunity to appear before the court below,” the single judge HC bench of Justice Ram Manohar Narayan Mishra had ordered.
The top court took note of the submissions of Alvi that the high court had passed the order without assigning reasons and granted the interim stay. Initially, the state police had arrested Khan and others but did not file a chargesheet against him.
On March 5, the local trial court had issued summons to the cleric. It had observed that those in positions of power should be “religious persons” and referred to Chief Minister Yogi Adityanath as an example. The trial court had said if a religious person heads the state, he gets good results, as propounded by Greek philosopher Plato in his book the ‘Philosopher King’.